Criminal Appeal No. 16 of 2006. Case: Mangala Gouda Vs State of Orissa. Orissa High Court
|Court:||Orissa High Court|
|Issue:||Code of Criminal Procedure, 1973 (CrPC) - Section 161; Indian Penal Code 1860, (IPC) - Sections 302, 304|
|Counsel:||For Appellant: J.K. Panda, A.R. Mohanty and Anima Kumari Dei, Advs. and For Respondents: Sk. Zafarulla, Addl. Standing Counsel|
|Judgement Date:||November 20, 2014|
|Party Name:||Mangala Gouda Vs State of Orissa|
|Case Number:||Criminal Appeal No. 16 of 2006|
|Citation:||2015 (I) OLR 505|
|Judges:||Vinod Prasad and Pramath Patnaik, JJ.|
Vinod Prasad, J.
Challenge in this appeal by the sole appellant-Mangala Gouda, who is the husband of the deceased, is to the impugned judgment of his conviction dated 30.09.2005 for offence under Sec. 302 of IPC and sentence of life imprisonment with fine of Rs. 5000/- and in default of payment of fine to serve six months additional rigorous imprisonment recorded by Additional Sessions Judge, Jeypore, in Crl. Trl. No. 10 of 2005.
Shorn of unnecessary details, the charge against the appellant is that on 9.9.2004 at 2 P.M. he has committed uxoricide by murdering his wife Bimala Gauda, in their house by slicing her neck with a knife for the motive that appellant had extra marital relationship with another woman for which deceased had declined to prepare meals for him.
This murder was reported to Balram Gauda/P.W. 6, elder son of the appellant and the deceased, in the cashew nut field by his younger brother Purna Gauda/P.W. 2 and in turn P.W. 6 reported the incident to Ward Member Smt. Sombari Polai/P.W. 4, who got the FIR, slated through her husband Gopinath Polai/P.W. 5 and then she lodged it same day at 4 P.M. at Koraput Town Police Station after tramping a distance of 5 Kms.
Officer-in-charge Koraput PS. Hemant Kumar Pandhi/P.W. 7, who is the I.O. of the crime, immediately commenced investigation into the incident, during course of which he conducted inquest on the dead body of the deceased and prepared inquest memo, Ext. 3, slated down the interrogative statements under Sec. 161, Cr.P.C. of the informant and the witnesses, collected blood stained and sample plain earths from the spot vide seizure memo Ext. 4, seized weapon of assault, i.e. knife lying at the spot and prepared it's seizure memo, Ext. 8 and sketched spot map, Ext. 7. Cadaver of the deceased was dispatched for autopsy through constable Bhagaban Bhotra with command certificate Ext. 1. Dead body challan is Ext. 9. Subsequently the I.O. got information from Gopinath Polai on 10.9.2004 that the present appellant-accused had also attempted to commit suicide by jumping from the roof of a railway cabin and had sustained fracture of his right leg and was admitted in the hospital and there he was arrested by the I.O.
Autopsy on the deceased corpse was performed by Dr. Kedarnath Choudhury/P.W. 8 on 10.9.2004 at 10 A.M. Rigor mortis present over the dead body. From doctor's deposition it is evident that the deceased had sustained one deep stab wound on the left side of the beck about 10 CM. away from the root of the neck. The wound was 25 CM. deep and 5 CM. in length with 2 CM. width extending from the root of the neck down to the shoulder and media stinum. It had cut the muscles of the root of the neck and also the internal carotid artery of the left side. The wound had pierced through the apex portion of upper lobe of left lung cutting the left lung. There was huge collection of blood in the left mediastival cavity....
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